Commonwealth v. Kuterbach

Supreme Court of Pennsylvania

Commonwealth v. Kuterbach

326 A.2d 283, 458 Pa. 318, 1974 Pa. LEXIS 723

CourtSupreme Court of Pennsylvania

DecidedOctober 16, 1974

DocketAppeal, 66

StatusPublished

Cited by11 cases

This text of 326 A.2d 283 (Commonwealth v. Kuterbach) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Commonwealth v. Kuterbach, 326 A.2d 283, 458 Pa. 318, 1974 Pa. LEXIS 723 (Pa. 1974).

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Opinion

Per Curiam,

The appellant, Edward H. Kuterbach, was convicted by a jury of voluntary manslaughter. Post-verdict motions were denied and a sentence of five to [319]*319fifteen years imprisonment was imposed. This appeal followed in which the only issues raised coneern alleged errors by the trial court in the admission of certain evidence introduced by the prosecution during the trial. Since the appellant did not object to the admission of that evidence when it was offered during the trial, no error was committed by the trial court. A rule of evidence is waived if it is not invoked when the evidence is offered, and the rule, having been waived, cannot subsequently be invoked on appeal. J. Wigmore, 1 Evidence §18 (3d ed. 1940); see Commonwealth v. Little, 449 Pa. 28, 295 A.2d 287 (1972); Commonwealth v. Jones, 446 Pa. 223, 285 A.2d 447 (1971).

Judgment of sentence affirmed.

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Opinion

Per Curiam,

The appellant, Edward H. Kuterbach, was convicted by a jury of voluntary manslaughter. Post-verdict motions were denied and a sentence of five to [319]*319fifteen years imprisonment was imposed. This appeal followed in which the only issues raised coneern alleged errors by the trial court in the admission of certain evidence introduced by the prosecution during the trial. Since the appellant did not object to the admission of that evidence when it was offered during the trial, no error was committed by the trial court. A rule of evidence is waived if it is not invoked when the evidence is offered, and the rule, having been waived, cannot subsequently be invoked on appeal. J. Wigmore, 1 Evidence §18 (3d ed. 1940); see Commonwealth v. Little, 449 Pa. 28, 295 A.2d 287 (1972); Commonwealth v. Jones, 446 Pa. 223, 285 A.2d 447 (1971).

Judgment of sentence affirmed.

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326 A.2d 283, 458 Pa. 318, 1974 Pa. LEXIS 723, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-kuterbach-pa-1974.

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